State v. Brown

The opinion of the Court was delivered by

Bermudez, C. J.

The defendant was indicted and tried for burglary and larceny. The indictment having been quashed on a motion in arrest, in so far as it charged burglary, the court proceeded to pass judgment on the prisoner and sentenced him to eighteen months’ imprisonment at hard labor in the State penitentiary.

He appeals from the judgment and sentence.

His counsel alleges as errors :

1. That the Judge erred in refusing to charge the jury: “If the

jury can arrive at any other conclusion than that of the guilt of the accused, they must acquit.”

2. That the…